Deodand
Deodand
The English common-law rule by which a chattel that caused a human death was forfeited to the Crown as a 'guilty' object, regardless of the owner's innocence. The deodand itself never crossed into American law, but the in rem fiction it rests on — that a thing can be the offender — is the acknowledged taproot of modern civil forfeiture. Names the historical source of the 'guilty property' personification that the Supreme Court still traces by name.
The Arrested Ship: In Rem, the Deodand, and What the Admiralty Claim Gets Right
Heterodox legal conferences are right that something strange sits underneath modern enforcement: ships are 'arrested,' property is named as the defendant, the owner's innocence is no defense, and the whole apparatus runs on liens, bonds, and custody. This essay isolates what is real — the in rem personification of the vessel, the custodial-duty principle and its first-priority cost, and the deodand taproot beneath civil forfeiture — from the conference overextension that 'the courts are operating in admiralty.' The real doctrine is unimpeachable and the structural observation beneath the folklore is judicially acknowledged. But the conclusion mistakes admiralty-derived procedure for admiralty jurisdiction, and routes a genuine constitutional-law seed to a tribunal that cannot receive it. Verdict: partially supported — real seed, foreclosed conclusion, with a routable version in the Excessive Fines Clause and procedural due process.